Following a hearing last month during which agreement was sought between entertainment companies and Swedish ISP Bredbandsbolaget, the provider has confirmed there will be no compromise. The ISP will not block The Pirate Bay and insists that customers have the right to communicate freely online. A trial is now set for October.

Despite its current difficulties in maintaining an efficient online presence, The Pirate Bay remains the world’s most hounded website. Entertainment industry companies around the globe have made the notorious site their number one anti-piracy target and legal action continues in many regions.

Perhaps one of the most interesting at the moment is the action filed last November by Universal Music, Sony Music, Warner Music, Nordisk Film and the Swedish Film Industry. It targets Swedish ISP Bredbandsbolaget (The Broadband Company) and effectively accuses the provider of being part of the Pirate Bay’s piracy machine.

The papers filed at the Stockholm District Court demand that Bredbandsbolaget block its subscribers from accessing The Pirate Bay and popular streaming portal Swefilmer. In December the ISP gave its response, stating in very clear terms that ISPs cannot be held responsible for the traffic carried on their networks.

Last month on February 20 the parties met in the Stockholm District Court to see if some kind of agreement or settlement could be reached. But the entertainment companies’ hopes have been dashed following the confirmation that Bredbandsbolaget will not comply with its wishes.

“It is an important principle that Internet providers of Internet infrastructure shall not be held responsible for the content that is transported over the Internet. In the same way that the Post should not meddle in what people write in the letter or where people send letters,” Commercial Director Mats Lundquist says.

“We stick to our starting point that our customers have the right to freely communicate and share information over the internet.”

With no settlement or compromise to be reached, DagensMedia reports that the district court has now set a date for what is being billed as a “historic trial”.

It will begin on Thursday 23 October and the outcome has the potential to reshape provider liability in The Pirate Bay’s spiritual homeland, despite the fact that it’s now run from overseas.

Bredbandsbolaget will certainly be outnumbered. TV companies including SVT, TV4 Group, MTG TV, SBS Discovery and C More will team up with the IFPI and the Swedish Video Distributors group which counts Fox Paramount, Disney, Warner and Sony among its members.

Internal movie industry documents obtained by TorrentFreak reveal that IFPI and the Swedish film producers have signed a binding agreement which compels them to conduct and finance the case. However, the MPAA is exerting its influence while providing its own evidence and know-how behind the scenes.

Also of interest is that IFPI took a decision to sue Bredbandsbolaget and not Teliasonera (described by the MPAA as “the largest and also very actively ‘copy-left’ Swedish ISP”). The reason for that was that IFPI’s counsel represents Teliasonera in other matters which would have raised a conflict of interest.

There are also some intriguing political implications and MPAA nervousness concerning the part of the case involving streaming portal Swefilmer. Those will be the topic of an upcoming TF article.